Supreme Court Rejects GOP States’ Challenge to Biden’s Rule Estimating Social Cost of Carbon

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GOP concerns about the federal regulation of carbon—a foundational element to all life—will not be heard by the Supreme Court.

The U.S. Supreme Court has declined to hear a lawsuit from Republican-led states challenging the Biden administration’s attempt to assign a social cost to carbon—a foundational element to all life.

No explanation was given and the Court merely listed Missouri v. Biden on Tuesday as one of the petitions for writ of certiorari that were denied. The Supreme Court similarly refused earlier this year to hear another challenge to the estimates.

Last year, the Court of Appeals for the 8th Circuit affirmed a federal district court’s decision to dismiss the lawsuit. The eighth circuit ruled that the states lacked standing to challenge the estimates and indicated they could sue if it identified a concrete injury.

Besides Missouri, 10 states requested the Supreme Court take up the issue: Tennessee, Utah, Ohio, Oklahoma, South Carolina, Kansas, Indiana, Arkansas, Nebraska, and Montana.

“We will continue to combat government overreach at every turn,” Missouri Attorney General Andrew Bailey’s office told The Epoch Times in a statement.

After taking office in 2021, President Joe Biden signed an executive order establishing the “Interagency Working Group on the Social Cost of Greenhouse Gases,” which included, among others, leadership from the Office of Management and Budget (OMB) and Council of Economic Advisors.

Former President Barack Obama initially put the “social cost” at $43 per ton of carbon dioxide emissions. His successor, former President Donald Trump, put the number at $3–$5 and President Biden responded by using a $51 estimate.

“An accurate social cost is essential for agencies to accurately determine the social benefits of reducing greenhouse gas emissions when conducting cost-benefit analyses of regulatory and other actions,” the order read.

OMB did not immediately respond to The Epoch Times’s request for comment but similarly defended the estimates when the Supreme Court rejected a prior challenge from Louisiana.

By Sam Dorman

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